You need to file writ petition in high court here
NHAI land acquisition
NHAI is acquiring our land for 4/6 lane construction, our land is also acquired which is a agriculture land as per revenue records ,but we are not using that part of land for farming, it is used as a warehouse to sold agriculture produce after few months on a higher price. But commercial activity likes engineering colleges, school , warehouses, hospital , village (abadi) are all around. We have filed an arbitration to district collector for commercial / abadi rates, but as per him that in Uttar Pradesh according to 143 UP Zamindari Act if 143 (abadi or non agriculture status) is not mentioned in khatoni then it is a agriculture land and we are not entitled for any extra compensation. Please provide few guidelines of supreme court such that we convince him for commercial rates.
Asked 6 years ago in Constitutional Law
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10 Answers
An appeal in the high court can be filed if the collector passes an order against your claim.
Regards
You have not converted agricultural land into NA land
2) as per revenue records it is agricultural land and you cannot use it as warehouse
3) you would not get commercial rates for the land
Yes this is the position if 143 has not been done and it is not reflected in Khatauni as per revenue records your land is agricultural land the only option is available in this case to get the compensation at the commercial rate then you have to try your luck by filing a writ petition in the High Court to get the direction for NHAI and U P government to pay compensation of the land at commercial rate or any other rate which is agreed by both the parties or as per the direction of the High Court.
Dar Client,
Land rate will be acc. to market value prevail in area. Dosen`t matter for what purpose it is using or lying ideal. Rate of land will be common except is any neighbor land is yielding any income than extra compensation will pay. But in no case price of land will reduce or vary acc.to land usage.
Instead of looking for supreme court judgments to convince the collector, who will not listen to any such plea, you may better file a writ petition before high court seeking enhancement of compensation amount for the reasons you rely upon.
You may produce documentary evidences to substantiate your claim for enhanced compensation.
The district collector is absolutely right if you are using an agriculture land for commercial use then you have to make an application for change of land use in the office of District collector by paying required fees you can get change of land use approval.
Till that approval your land comes under agtriculture land.
- As per the information mentioned in the present query, makes it clear that though there has not been mentioned about the use of your land, but it doesn’t mean that the same is only for agricultural purpose.
- The authority is trying to take the benefit of their own mistake by not mentioning the same.
- It should be mentioned by them now, and if possible then verify the same with other similarly situated person in their records.
- Draft a representation to the authority and if they say in negative then please approach the Hon’ble HC under Writ Jurisdiction.
We have received the notification and compensation from NHAI on agriculture rates. Few queries - 1 ) We are in process of arbitation with District Collector, since in uttar pradesh if 143 is not mentioned in khatoni then land is agriculture as per revenue and we do not have 143 in our khatoni that's why we are not able to get commercial rates - is there is any way we can do 143 now in our khatoni ? is there is any law ? is any authority / person has power to do it ? example - we have asked our lekhpal to write a report that abadi is our land but they told that after notification nothing can happen 2) Is any act which can help us here ? 3) Can we prove later in court that purpose is not agriculture itself ? and court can allow to do 143 in our khatoni ? 4) what should be the approach now to convene the district collector for commercial rates ? any law or any degree or in past in any cases are done in similar basics?
Asked 6 years ago
I will suggest you to go for writ Petition for speedy disposal
1. The lekpal's opinion is right, after notification you cannot get your land declared as desired by you for the sake of compensation.
2. You may file a writ petition on the basis of the latest land acquisition act.
3. It depends on how you present your argument before court to convince the court in this regard.
4. If the district collector is not accepting your request for the enhanced rates then you may approach high court with a writ petition seeking the same.